Richmond County Surrogate’s Court requires that a petition to extend the time to file a renunciation pursuant to EPTL § 2-1.11(c)(2) include the amount being renounced in order that the Court can determine the proper filing fee.
In a recent case, I attempted to file such a petition, but did not include the amount to be renounced in the petition.
The Court sent me a NYSCEF Alert via email with the following comment: “A petition to extend the time to file a renunciation carries a value-based fee. As such, the amount being renounced must be included in the petition so that the proper filing fee can be determined and collected.”
Pursuant to EPTL § 2-1.11(c)(2), a “renunciation …shall be filed in the office of the clerk of…the court which issued letters of administration…within nine months after the effective date of the disposition.” However, “[t]he time to file and serve such renunciation may be extended, in the discretion of the court, on a petition showing reasonable cause and on notice to such persons and in such manner as the court may direct.”